STATE OF NEW YORK
________________________________________________________________________
5482
2023-2024 Regular Sessions
IN ASSEMBLY
March 13, 2023
___________
Introduced by M. of A. MAHER -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to ammunition capacity in
firearms; and to repeal certain provisions of the penal law relating
to possession of ammunition and ammunition feeding devices
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph (h) of subdivision 22 of section 265.00 of the
2 penal law is REPEALED.
3 § 2. Subdivision 23 of section 265.00 of the penal law, as amended by
4 chapter 209 of the laws of 2022, is amended to read as follows:
5 23. "Large capacity ammunition feeding device" means a magazine, belt,
6 drum, feed strip, or similar device, that has a capacity of, or that can
7 be readily restored or converted to accept, more than ten rounds of
8 ammunition; provided, however, that such term does not include an
9 attached tubular device designed to accept, and capable of operating
10 only with, .22 caliber rimfire ammunition [or a feeding device that is a
11 curio or relic. A feeding device that is a curio or relic is defined as
12 a device that (i) was manufactured at least fifty years prior to the
13 current date, (ii) is only capable of being used exclusively in a
14 firearm, rifle, or shotgun that was manufactured at least fifty years
15 prior to the current date, but not including replicas thereof, (iii) is
16 possessed by an individual who is not prohibited by state or federal law
17 from possessing a firearm and (iv) is registered with the division of
18 state police pursuant to subdivision sixteen-a of section 400.00 of this
19 chapter, except such feeding devices transferred into the state may be
20 registered at any time, provided they are registered within thirty days
21 of their transfer into the state. Notwithstanding paragraph (h) of
22 subdivision twenty-two of this section, such feeding devices may be
23 transferred provided that such transfer shall be subject to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09207-01-3
A. 5482 2
1 provisions of section 400.03 of this chapter including the check
2 required to be conducted pursuant to such section].
3 § 3. The opening paragraph of subdivision a of section 265.20 of the
4 penal law, as separately amended by chapters 130 and 134 of the laws of
5 2019, is amended to read as follows:
6 [Paragraph (h) of subdivision twenty-two of section 265.00 and
7 sections] Sections 265.01, 265.01-a, 265.01-b, 265.01-c, 265.02, 265.03,
8 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, [265.36,
9 265.37,] 265.50, 265.55 and 270.05 shall not apply to:
10 § 4. Section 265.37 of the penal law is REPEALED.
11 § 5. This act shall take effect immediately.